The Korean Medical Association expressed concerns about the court's ruling, which awarded a large compensation based on an expanded interpretation of the duty to explain in relation to side effects of influenza treatment drugs.
Recently, it was reported that a court ruled for the hospital to pay 570 million KRW in damages after a patient who received a Tamiflu-class influenza treatment drug experienced hallucinations, resulting in a fall accident that left the patient unable to use their lower body. The 17-year-old patient, who visited the emergency room in December 2018 due to influenza, jumped from the 7th-floor window the same night after receiving an injection of Peramiflu, a Tamiflu-class influenza treatment drug. The patient suffered paralysis of the lower body due to spinal injuries. The patient's family filed a lawsuit, claiming they were not informed about the side effects by the medical staff, and the court ruled in favor of the patient.
The Korean Medical Association stated, "We sincerely extend our deepest condolences to the patient who suffered this unfortunate accident and to the patient's guardians and family who must have been deeply distressed," but also argued, "According to academic reports, it is unclear whether the patient's neurological symptoms were due to influenza itself or side effects of the influenza treatment injection, and based on existing legal principles, it either does not fall within the scope of the duty to explain or it is unclear whether it does."
They further noted, "If this ruling implies that all major side effects listed in the drug's instructions must be explained, it demands something that is practically impossible," adding, "Even if a doctor does their best in treatment, it is an inherent limitation of medical practice that fatal outcomes such as death cannot always be avoided." They explained, "Applying strict criminal law standards to misdiagnoses or unavoidable medical accidents that are not intentional during treatment ignores the nature and uniqueness of medical practice," and criticized, "This will create an unstable treatment environment and encourage defensive medicine that avoids risky surgeries, ultimately negatively impacting the health and lives of the public."
The Korean Medical Association reiterated its serious concerns regarding the court's ruling and strongly urged the court to make reasonable and objective judgments based on the Medical Service Act. Furthermore, to ensure that both doctors and the public can receive high-quality medical services in a safe treatment environment, they called on the National Assembly and government to promptly enact a special law on medical dispute resolution to provide relief for patients harmed by drug side effects.
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